“Smart glasses”: a new Big Brother that is causing alarm across Europe

Brussels – Do new technologies and innovation bring only opportunities? Or are there social risks, such as breaches of privacy, which are difficult to avoid? This is a wide-ranging, complex debate that the academia and the political sphere continue to grapple with. Recently, the issue has returned to the forefront due to the advent of AI glasses. These so-called “smart glasses” look like traditional spectacles but are equipped with microphones, speakers, cameras and a built-in artificial intelligence assistant. Major manufacturers include Meta and Amazon. Wearers could use them as a camera, microphone, and device, and then transmit the footage to an app or a generative AI service—such as ChatGPT.

Their key concerns were raised today (2 September) during the European Commission’s daily press briefing. In particular, it was asked whether the Commission is considering the privacy issues that have arisen with the introduction of these new technologies onto the market and, consequently, whether it intends to legislate on the matter. One of the spokespersons, Markus Lammert, replied that “the European Union already has a robust legal framework governing both artificial intelligence and the protection of personal data.” This consists of the AI Act—the EU regulation governing the development, marketing and use of artificial intelligence systems—and the GDPR—the EU General Data Protection Regulation, which governs the processing and transfer of natural persons’ personal data within the EU—whose rules “apply regardless of the technology used, such as artificial intelligence.” It also clarified that “data protection authorities are responsible for monitoring and enforcing” the rules and that, under the GDPR, “they are also authorised to issue guidelines on the processing of personal data.”

The issue has been raised because some countries have begun to take action independently. Last month, England and Wales banned the use of smart glasses manufactured by Meta in courts. Anyone entering is required to hand them in at the entrance and collect them again on leaving. The measure was introduced due to concerns that testimonies might be recorded or that witnesses might be photographed. Elsewhere in the UK, some cinema operators are introducing similar policies is also under consideration. According to a report by Reuters, they are considering banning or restricting them due to concerns regarding privacy and film piracy. British citizens are also collecting signatures for a petition addressed to their Parliament. They are calling for an immediate ban on the sale and promotion of glasses capable of recording. The reason? “Smart glasses allow people to record others without their knowledge or consent and upload this content to the internet.”

In Germany, the battle against smart glasses has even led to criminal proceedings. In August, the human rights organisation HateAid, has lodged a complaint against Meta, Ray-Ban, Oakley and other eyewear retailers with the State Prosecutor’s Office in Frankfurt am Main. HateAid argues that the sale of such devices constitutes a criminal offence. In a press release, the organisation described the launch of smart glasses as “a manifestation of the growing power and monopoly of tech companies,” after having, for years, “documented a growing number of cases of image-based digital violence, in which women in particular are filmed and portrayed in a sexualised manner.” For this reason, “it is not uncommon for victims to discover years later that the footage is circulating online, after it has already been widely disseminated.” In addition to the complaint, a petition was filed calling for a ban on the sale of Ray-Ban Meta AI glasses in Germany; for the security of the devices to be guaranteed “right from the design stage”; and for people not to be “left to fend for themselves” when seeking justice.